Mohammadi (Migration)

The Administrative Appeals Tribunal considered the case of a visa applicant seeking a Partner (Provisional) (Class UF) visa, subclass 309. The primary issue before the Tribunal was whether the applicant qualified as a member of the family unit of the primary visa holder, specifically concerning the criterion of dependence.

The Tribunal was required to determine if the applicant met the requirements of clause 309.311 of Schedule 2 to the Migration Regulations 1994, which necessitates being a member of the family unit of a person satisfying the primary criteria for the visa. This, in turn, involved assessing whether the applicant was "dependent" on the primary visa holder as defined by regulation 1.05A, or if the applicant was a dependent relative as defined by regulation 1.12. The applicant's brother, who was the spouse of the primary visa holder, provided oral evidence that he financially supported the applicant, who lived in Pakistan, did not work, and was studying English.

The Tribunal found that the applicant's brother, the review applicant, was the spouse of the primary visa holder, and that the primary visa holder had arrived in Australia in January 2020 and had not departed. The review applicant stated that he supported his brother financially, sending money monthly, and that his brother lived in the family home in Pakistan and was studying English. However, the Tribunal gave limited weight to this oral evidence due to a lack of physical evidence on the Tribunal and Department files. Consequently, the Tribunal concluded that the visa applicant did not satisfy the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the visa applicant a Partner (Provisional) (Class UF) visa.